Munmun Kaur –
Published On: December 05, 2021 at 12:10 IST
The Supreme Court agrees to examine the Legal question of whether cases of POCSO Act can be quashed on the basis of compromise between the Accused and the Victim.
This comes after an Appeal was filed by the Kerala Government against the order of the Kerala High Court stating that the whole matter was “amicably” sorted out between the parties and also confirmed by the mother of the victim girl in her Affidavit that she had no objection to the quashing of the criminal proceeding.
Based on the appeal filed by the Kerala Government the Apex Court has issued a notice.
In this case, the Accused was a teacher by profession was Booked for offences under POCSO Act.
The Supreme Court Bench observed, “Counsel for the Petitioners submits that the FIR… at Malappuram Police Station, District Malappuram, for the offences punishable under Sections 9(f) and 10 of the Protection of Children from Sexual Offences Act, 2012, has been quashed only on the basis of a compromise being carried out between the parties which according to him is not permissible in view of the Judgment of this court”
Therefore, the Bench of Justice Ajay Rastogi and Justice A S Oka stayed the impugned HC order until further orders.